T.Suriyan v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-7-2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. Nos.21417 & 21418 of 2015 T. Suriyan ...
Petitioner in W.P.No.21417/2015 T. Vijaykumar ...
Petitioner in W.P.No.21418/2015 Vs.
1.
The Collector, Villupuram, Villupuram District.
2.
The District Adi Dravida and Tribal Welfare Officer, Villupuram Taluk & District.
3.
The Tahsildar, Kallakuruchi Taluk, Villupuram District.
...
Respondents in both writ petitions Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 18.5.2015 and direct the third respondent to issue community certificate for the Hindu Thomban Community in favour of the petitioners. For petitioners :
Mr.S. Srinath For Respondents :
Mr.R.Rajeswaran, Special Government Pleader COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr.R.Rajeswaran, learned Special Government Pleader takes notice for respondents. By consent, the writ petitions are taken up for final disposal at the admission stage itself. 2.
Petitioners, claiming to be members of the Hindu Thomban Community, a scheduled caste, have approached this Court with these petitions for a direction to consider their representation dated 18.5.2015 addressed to the District Collector, Villupuram District/the first respondent herein, enclosing a copy of the ration https://hcservices.ecourts.gov.in/hcservices/
card, transfer certificate and community certificate issued to their sister's son.
3.
The Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 laying down guidelines for issuance of community certificates, had fixed time schedule also. A candidate is required to make application six months before the certificate required for admission/employment. The authorities are accordingly given reasonable time of six months for issuance of community certificate. In the case on hand, the petitioners have made representation only on 18.5.2015. 4.
The learned Special Government Pleader appearing for the respondents submits that the representation of the petitioners will be considered in accordance with law and on their own merits and decided at the earliest.
5.
Having regard to the fair submission of the learned Special Government Pleader appearing for the respondents, without expressing any opinion on the merits of the case, we direct the respondents to examine the representation of the petitioners dated 18.5.2015 and take a decision on its own merit and after holding proper enquiry, as required, and giving opportunity of hearing to the petitioners, if necessary. The entire exercise may be completed within a period of eight weeks from the date of receipt of copy of this order. The writ petitions stand disposed of with the above direction. No costs.
vr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.
The Collector, Villupuram, Villupuram District. 2.
The District Adi Dravida and Tribal Welfare Officer, Villupuram Taluk & District.
3.
The Tahsildar, Kallakuruchi Taluk, Villupuram District. + 1 cc to Mr.S.Srinath, Advocate SR 35973 + 1 cc to the Govt.Pleader, SR 36424 ug(co) prk29/7 W.P. Nos.21417 & 21418 of 2015 https://hcservices.ecourts.gov.in/hcservices/